YoYo Games Platforms Publisher EULA – Minimum Guidelines

Last updated: 15/02/2016

These are the minimum guidelines which Publishers must follow when providing their own End User Licence Agreement to YoYo Games users.

Minimum wording to include (it’s up to you how you do it):

1. Who is contracting with you. This is a direct contract between you (the purchaser) and the publisher of the relevant product/service obtained via the YYG platforms (“Publisher”), regarding the content that the Publisher is licensing or making available to you (“Publisher Property”). The Publisher is solely responsible for the Publisher Property and all matters under this EULA.

2. Contact details. [Publisher to set out here its full name (or company name if appropriate), full address and a support email address].

3. Quality and other issues. Any warranties or representations regarding what you buy from the Publisher are the Publisher’s sole responsibility. The Publisher is responsible in particular for: (i) quality and product liability claims; (ii) any claim that the Publisher Property fails to comply with any applicable legal or regulatory requirements; and (iii) any claims under consumer protection or other laws.

4. Intellectual Property Rights. The Publisher (not YoYo Games) is responsible for ensuring that the Publisher Property does not infringe any third party intellectual property rights and for dealing with any claim, issue or dispute about this matter.

5. Liability. To the maximum extent permitted by applicable law, YoYo Games and its affiliates and group (the “YoYo Group”) has no responsibility or liability regarding the Publisher Property and is not liable in particular for any losses, damage, harm, costs, expenses, claims, disputes or proceedings regarding them. Use of Publisher Property is at your own risk and is provided “as is” and “as available”. YoYo Group disclaims all warranties, representations and conditions of any kind relating to the Publisher Property, including without limitation any implied warranties of satisfactory quality, merchantability, fitness for purpose or non-infringement of third party rights. In addition, YoYo Group does not warrant or represent that your use of the Publisher Property will be uninterrupted or secure or free from bugs or errors. Your use of the Publisher Property and any assets, information or other material obtained via them is at your own discretion and risk.

6. Complaints. If you have any complaints or issues with Publisher Property, the Publisher will use good faith endeavours to resolve them with you. However, if they cannot be resolved or if you are concerned regarding the Publisher’s actions or its compliance with the this EULA, you can contact YoYo Games at helpdesk@yoyogames.com

7. YYG can enforce this Agreement. Members of the YoYo Group are third party beneficiaries to this EULA and can, but are not obliged to, enforce it against both Publisher and you if necessary.

Legal requirements your EULA must meet:

1. Your EULA must not materially conflict with, or be materially less protective than, the YoYo Games Platforms User Agreement or the YoYo Games Platforms Default Publisher EULA. Even if you choose to create your own EULA, we expect you to act at the standards we have set out in these documents.

2. The rights you grant to users must be limited to a non-transferable licence to use the Publisher Property they are licensing. Users will have a licence to, but not own outright, any Publisher Property from you.

3. You should explain clearly to users what they can and cannot do with Publisher Property.

4. You must be solely responsible for maintenance, servicing or support of Publisher Property you license to users.

5. You must comply with any laws applying to the Publisher Property and you cannot limit your liability regarding them beyond what applicable law permits.

6. If you are collecting customer personal information, you should explain how you will protect customer privacy, either in your EULA or in a separate and appropriate privacy policy. Your privacy policy must be no less protective than the YoYo Games Platforms Privacy Policy and must make clear to your customers (and get their express consent) that YoYo Group may collect non-personally identifiable information and metrics from them in order to improve its products and services, as further outlined in the YoYo Games Platforms Privacy Policy.

7. You must not seek to pass any liability or responsibility for Publisher Property or otherwise to YoYo Games. YoYo Games is responsible only for its own products and services.